Did a dangerous road condition cause you or a family member to be injured in Columbus, Georgia? If a government entity failed to maintain a safe roadway and you were hurt as a result, you may have grounds to file a claim for compensation. Our Columbus road defect lawyer can help.
Mark Casto Personal Injury Law Firm has been representing accident victims in the Columbus area for over 26 years, and our legal team has recovered tens of millions of dollars for clients who were injured through no fault of their own. That’s a track record of success you can count on.
Reach out to us today at (706) 940-4030 for a free consultation.
How the Mark Casto Personal Injury Law Firm Can Help After a Road Defect Accident in Columbus, GA
Road defect claims in Columbus, GA, are not like typical car accident lawsuits in that you’ll likely need to go up against the government. These defendants have legal protections that private parties do not, and the procedural rules involved are strict.
Mark Casto Personal Injury Law Firm has the trial experience and legal knowledge to handle these complex cases.
Our Columbus car accident lawyer can:
- Determine which government entity is responsible for the road where your accident took place
- Send all required legal notices within the deadlines that Georgia law imposes
- Investigate whether the government had notice of the defect before your accident
- Gather maintenance records and other evidence
- Work with accident reconstruction professionals to strengthen your claim
- Pursue a full recovery through negotiation or trial if needed
Our Columbus personal injury lawyer handles road defect cases on a contingency fee basis. That means you pay no attorney’s fees unless we win compensation on your behalf. Give us a call today to arrange a complimentary consultation.
Who Can Be Held Liable for a Road Defect Accident in Georgia?
The answer depends on who was responsible for maintaining the road where the accident happened. Georgia law treats cities, counties, and the state differently when it comes to road defect liability.
Cities
Georgia municipalities can be held liable when they negligently build or maintain a road. However, the injured party must generally prove that the city had actual or constructive notice of the defect. That means either the city knew about the hazard, or the defect had been present long enough that it should have known.
Counties
Georgia counties generally have sovereign immunity from negligence lawsuits. Although counties have responsibilities for maintaining public roads, their liability depends on whether an applicable waiver of sovereign immunity permits a claim. An attorney can investigate whether a county or another party may be held responsible for the accident.
The State
Claims against the State of Georgia fall under the Georgia Tort Claims Act. The GTCA waives sovereign immunity in limited circumstances, but the injured party must follow strict procedural requirements before filing suit.
Our experienced personal injury attorney in Columbus can identify the correct defendant and build your case around the appropriate legal standard.
Do I Have to Send an Ante-Litem Notice Before Filing a Lawsuit?
Yes, and this is one of the most critical steps in any road defect case in Georgia. Before you can file a lawsuit against a city, you are required to send what is called an ante-litem notice. This formal written notice must generally be delivered within six months (sometimes up to twelve in some cases) of the date you were injured.
The notice must include the date of the accident, where it happened, how the injury occurred, and the extent of your losses. If you fail to send it on time or leave out required information, you may lose the right to pursue your claim permanently. Claims against the state under the Georgia Tort Claims Act carry their own notice requirements as well.
How Long Do I Have to File a Road Defect Lawsuit in Columbus, GA?
The general statute of limitations for personal injury claims in Georgia is typically two years from the date of the accident. However, claims involving government entities are subject to much shorter ante-litem notice deadlines.
Depending on the government entity involved, you may have as little as six months to provide the required notice. Missing this deadline could prevent you from pursuing compensation, even if the two-year statute of limitations has not expired.
It’s best to contact us for help as soon as you can; we’ll make sure your claim is filed before the applicable deadline passes.
Contact Our Columbus Road Defects Attorney for a Free Case Review
Did a poorly maintained road in Columbus, Georgia, cause your accident? Mark Casto Personal Injury Law Firm is here to help you hold the responsible party liable. We have recovered tens of millions of dollars for our clients to date and will work just as hard for you.
Call our office today for your free consultation and let our Columbus road defect attorney get started on your claim.
